A HISTORICAL DEVELOPMENT OF ADR MECHANISM IN INDIA: WITH THE PERCEPTION OF FAMILY DISPUTES

Abstract

The thought of ADR is not new to the Indian culture. The study of literature enables us to know that the settlement of conflicts by arbitration or any other mechanisms has been adept in India from the ancient time for resolving disputes regarding family, trade, or a social group or any other. The study of prehistoric legal background unveils the role of individuals i.e. arbitrators in Panchayats. along with many systems practiced in India, the Panchayat system is the most important one. The meaning of panchayat defines as ‘Pancha’ means five, and so, Panchayats consisted of five mature personnel in the rural community led by the town headman. The Panchayat system is an early on form of pre independence in India, which also performed the major role of dispute resolution. After that, the King started to hire the village headman, and also he started to obtain suggestion from the headman about the organization. Gradually, a structure of appeal was developed, wherein the parties were permissible to appeal to the King in opposition to the decisions of Panchayats. Today Panchayat system has established by the constitutional sanction to resolve disputes about specific subject matters like matrimonial disputes, trade etc.